Security Deposit During Proceedings – Tenants Germany

As a tenant in Germany you often wonder how the security deposit accounting works, especially when there is an ongoing legal proceeding against the landlord or tenant. This text explains in clear language when the landlord must present the accounting completely, which documents are important and how you should store evidence securely. You will learn typical deadlines, how repayment claims are reviewed and what role photos, bank statements and handover protocols play. I describe concrete steps tenants can take — from requesting documents from the landlord to submitting evidence to the local court. The goal is that you know your rights and receive practical advice for a secure security deposit accounting. Read the sample forms and deadlines carefully.

What applies during ongoing proceedings?

If there is a court case or legal dispute, this does not fundamentally change the landlord's obligation to present the security deposit accounting in a comprehensible way. Under tenancy law, the accounting must be designed so that a tenant can follow the individual deductions^[1]. If receipts are missing, tenants should request documents early and set deadlines; if necessary, the documents can later be submitted to the local court.

Essential documents for tenants

• Bank statement or payment confirmation showing the paid deposit
• Handover protocol at move‑in and move‑out as proof of condition
• Photos with dates of defects or normal condition
• Correspondence with the landlord (emails, letters)
• Invoices for proven repairs, if paid by the tenant

Deadlines and formalities

There is no specific federal statutory deadline for the deposit accounting, but accounting must be carried out within a reasonable time; in disputes, civil procedure rules for evidence and deadlines apply^[1][2]. If the landlord does not provide complete receipts, tenants should set a written deadline and request missing documentation. Respond to court deadlines or a complaint promptly to avoid losing rights.

Frequently Asked Questions

Must the landlord present the security deposit accounting completely if a proceeding is ongoing?

Yes. Even during a proceeding the obligation remains to explain the accounting so that individual deductions are understandable; otherwise the tenant can request missing receipts or have them reviewed in court.

Which deadlines apply for returning the deposit?

There is no rigid nationwide deadline in § 546 BGB for the accounting, but the return and accounting must occur within a reasonable time; in disputes, civil procedural rules and court dates must be observed^[1][2].

What can I do if receipts are missing?

Set a written deadline for the landlord to provide receipts, collect your own evidence (photos, bank statements, protocols) and submit these to the local court if necessary.

How-To

1. Collect all evidence: bank statements, handover protocols and dated photos as proof.
2. Request the landlord in writing to provide a complete security deposit accounting and all invoices.
3. Set a reasonable deadline (e.g. 14–30 days) and document the date and content of the request.
4. If the landlord does not submit receipts, prepare to file a claim at the competent local court and attach your evidence.

Help and Support

• [1] Gesetze im Internet – Federal Ministry of Justice and Consumer Protection
• [2] Federal Court of Justice – information and rulings
• [3] Federal Ministry of Justice and Consumer Protection (BMJV)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Federal Court of Justice – Official Website